Carroll v. . Upton
New York Court of Appeals
Appeal from the superior court of the city of New-York, where Carroll brought assumpsit against Upton to recover the amount of a draft drawn by the latter in favor of the plaintiff. On the trial before Sandford, J. the plaintiff gave in evidence the draft in question, as follows ; “ Washington City, March 10,1845. $295,32. At three days’ sight please to pay to the order of Win.
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Appeal from the superior court of the city of New-York, where Carroll brought assumpsit against Upton to recover the amount of a draft drawn by the latter in favor of the plaintiff. On the trial before Sandford, J. the plaintiff gave in evidence the draft in question, as follows ; “ Washington City, March 10,1845. $295,32. At three days’ sight please to pay to the order of Win. Thomas Carroll the sum of two hundred and ninety-five dollars and thirty-two cents, and charge the same as advised to Clayton Tiffin, and oblige Your ob’t serv’t, Francis H. Upton. To J. W. Arthur For the purpose of…
1Opinion of the Court
Bronson, Ch. J.
The fact that the bill purported to have been drawn at Washington City, where the notice was sent, furnished very little, if any, evidence that the drawer resided at that place ; and did not dispense with the necessity of inquiring for his residence. (Lowery v. Scott, 24 Wend. 358; Spencer v. Bank of Salina, 3 Hill, 520. And see Taylor v. Snyder, 3 Denio, 145.) In relation to inquiry, the defendant insists that the notary has sworn to nothing but a conclusion of law. But that is saying too much. When all the facts are ascertained, what is due diligence in making inquiries for…
2Cases cited1 opinion
- Taylor v. SnyderNew York Supreme Court · 1846
3Cited by5 opinions
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- New York Belting & Packing Co. v. ElaSupreme Court of New Hampshire · 1881
- Riggs v. HatchU.S. Circuit Court for the District of Southern New York · 1883